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PART II <br />Page 8 of l3 <br />A. MANAGEMENT REQUIREMENTS <br />4. Submission of Incorrect or Incomplete Information <br />Where the perrttittee failed to submit any relevant facts in a permit application, or submitted incorrect <br />information in a permit application or report to the Division, the pertnittee shall prompd;~ submit the relevant <br />information which was not submitted or any additional information needed to correct arty erroneous information <br />previously submitted. <br />5. Bvuttss <br />The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if <br />end only if it is for essential maintenance to assure efficient operation. <br />Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: <br />a) Bypazs waz unavoidable to prevent loss of life, personal injury, or severe property damage; <br />b) There were no feasible alternatives to the bypass, such az the use of auxiliary trtatment facilities, <br />retention of untreated wastes, or maintenance during normal periods of equipmnu downtime. This <br />condition is not satisfied if the perrnittee could have installed adequate backup equipment to prevent a <br />bypass which occurred during normal periods of equipment downtime or preventative maintemnce; and <br />c) The pertnittee submitted notices az required is "Bypass Notification", Part II.A.E•. <br />6. Bypazs Notification <br />If the petmittce knows in advance of the need for a bypass, a notice shall be submitted, a,: least ten days before <br />the date of the bypazs, to the Division and the Environmental Protection Agency (EPA). The bypass shall be <br />subject to Division approval and limitations imposed by the Division and EPA. <br />7. U°sets <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent <br />Limitations if the requirements of paragraph b of this section are met. (No determination trade during <br />administrative review of claims that noncompliance waz caused by upset, and befxe an action for <br />noncompliance, is fmal administrative action subject [o judicial review.) <br />b) Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demon:•trate through properly <br />signed contemporaneous operating logs, or o[her relevant evidence that: <br />(i) P.n upset occurred and that the permittce can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time being properly operated; and <br />(iii) The permittce submitted notice of the upset az required in Part II.A.3. of this permit (24-hour <br />notice); and <br />